ODESSA-Assaults on Emergency Room nurses have been a growing issue in the state of Texas that a law has been made to prevent it.
The new law took effect on September 1, 2013, and it states that an assault on a nurse will now be charged as a "Class-3 Felony," making it the same as assaulting a police officer.
Many nurses whom I spoke with today, say the new law makes them feel more secure.
Emergency room nurses not only deal with sick patients, but also violent ones.
(1) "Emergency room personnel" means a person in a hospital emergency department who, in the course and scope of employment or as a volunteer, provides services for the benefit of the general public during emergency situations.
(2) "Emergency services personnel" includes fire fighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.
...When it first came out we all felt so much better and safer, but it's not a complete safety measure as lots of people don't know/don't care about this law, so still... be careful out there!
I completely agree. The same people who would assault a nurse before will still assault them now. However, at least now there is a stiffer consequence. A big win for nurses' rights!
Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
Verbiage taken directly from TX HB705:
(1) "Emergency room personnel" means a person in a hospital emergency department who, in the course and scope of employment or as a volunteer, provides services for the benefit of the general public during emergency situations.
(2) "Emergency services personnel" includes fire fighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.
They way the bill is written does seem to inlcude only the ED-- interesting.
My bad.....the version I saw used the term nurses....I didn't look up the entire actual bill.....and I should have. The old law states medical personnel/nurses is a misdemeanor and a felony with Emergency Services
(b) An offense under Subsection (a)(1) is a Class
A misdemeanor, except that the offense is a
felony of the third degree if the offense is
committed against a person the actor knows is emergency services personnel while the person is providing
ToEsme12 - Thank you for the reference. I crossreferenced and crossreferenced for New Jersey.
Our statute was revised as recently as 2012 and nurses ARE clearly included as licensed health care providers (as well as teachers, law enforcement, corrections, bus drivers, crossing guards, cable guys, and whole bunch others)
Defined charges can be simple or aggravated assault.
Especially considering that a coworker of mine got assaulted on a mother/baby unit last week.
Oh man, I'm sorry. I hope she's ok...though I'm sure it will have psychological repercussions:/. Scary. I've almost had to call a code strong when a brain dead patient's family member cornered me...I was terrified...but one of my coordinators was there and got me out safely. I definitely got lucky as they were all drinking- just reeked of alcohol and acted the part behavior-wise as well.
Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
That's messed up that it only protects *some* nurses.
I think all nurses are included but for it to be a felony it is emergency personnel....this is just Texas legislation...we still have states that do not prosecute not have laws....but they are becopmoing less and less common
Specializes in Critical Care; Cardiac; Professional Development.
I am SO glad to see this! I can think of a borderline personality or two whom it would have been useful to tell this to. Now if the hospital would simply put up a few posters stating this fact in the ER and maybe a few hallways.
I am SO glad to see this! I can think of a borderline personality or two whom it would have been useful to tell this to. Now if the hospital would simply put up a few posters stating this fact in the ER and maybe a few hallways.
They need to put those kind of signs up in our LTC facilities also!!! No 'code strong' or 'Dr Strong' teams for us.
Our LTC workplaces are woefully unsecure (sp?). No security guard. After 6 pm or so, the kitchen staff leaves (might be a few males there 'til then). A teenybopper receptionist staffs the front door for visitors until visiting hours are over & then it's up to nsg to answer the door. M A Y B E there's a guy or 2, nurse or CNA, on 3-11 or 11-7. (NOTE: I'm NOT expecting the guys to be any less vulnerable than we gals, nor to be the unofficial gendarmes of the facility).
So you got me to thinking - how receptive & supportive will employers be if nsg staff avail themselves of their rightful application of the law?
Unless a facility has a strong zero tolerance for abuse of staff I can foresee resistance & begrudgingly acceptance by employers who already expect nsg 'to suck it up' as 'it goes with the job'.
They need to put those kind of signs up in our LTC facilities also!!! No 'code strong' or 'Dr Strong' teams for us.
Our LTC workplaces are woefully unsecure (sp?). No security guard. After 6 pm or so, the kitchen staff leaves (might be a few males there 'til then). A teenybopper receptionist staffs the front door for visitors until visiting hours are over & then it's up to nsg to answer the door. M A Y B E there's a guy or 2, nurse or CNA, on 3-11 or 11-7. (NOTE: I'm NOT expecting the guys to be any less vulnerable than we gals, nor to be the unofficial gendarmes of the facility).
So you got me to thinking - how receptive & supportive will employers be if nsg staff avail themselves of their rightful application of the law?
Unless a facility has a strong zero tolerance for abuse of staff I can foresee resistance & begrudgingly acceptance by employers who already expect nsg 'to suck it up' as 'it goes with the job'.
I think all LTC facilities are like this. Your employer isn't going to pay for security when they perceive the threat is low. I would bring this up at a staff meeting so a plan can be made. Shoot I work in outpt and our security doesn't show up until after we've been open for 6 hours. They pay for them to watch the building when we're gone. It's not like they could do much anyway, they aren't armed and either look 16 or 70. We do better protecting and defending each other.
bmendi
30 Posts
Verbiage taken directly from TX HB705:
(1) "Emergency room personnel" means a person in a hospital emergency department who, in the course and scope of employment or as a volunteer, provides services for the benefit of the general public during emergency situations.
(2) "Emergency services personnel" includes fire fighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.
Bill Text: TX HB705 | 2013-2014 | 83rd Legislature | Introduced | LegiScan
They way the bill is written does seem to inlcude only the ED-- interesting.